Legal Opinion

McIntyre v. Estate of Keller

New York Supreme Court

Decided January 18, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Alexander W. Hunter, Jr., J.

The motion by defendants for summary judgment dismissing plaintiffs’ complaint is granted.

*235The cause of action involves a driveway easement between plaintiffs’ property located at 323 East 238th Street and defendants’ property located at 325 East 238th Street. Plaintiffs’ complaint demands money damages on each of their two causes of action in the sum of $500,000. Plaintiffs seek an extinguishment of the easement and an order causing the defendants to regrade their driveway and remove the tree, wall and steps on defendants’ property so as to…

2Cases cited5 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
  4. Gerbig v. ZumpanoNew York Court of Appeals · 1960
  5. Falco v. MinznerNew York Supreme Court · 1961

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